Terms of Service

1. Platform Role – Pure Intermediary Only

The Farmers Pantry is a technology marketplace that connects independent food producers (“Producers”) with consumers (“Buyers”) across the United States. Features include product browsing and ordering, a Producers feed, an open Community feed, mutual ratings, order fulfillment tools with photo proof, and a “Become a Producer” application flow.

We do not grow, raise, process, manufacture, package, label, store, ship, deliver, or handle any food products. We are not a seller, merchant of record, reseller, distributor, broker, agent, partner, joint venturer, insurer, or guarantor of any Producer or product. We do not take title to any goods. All contracts for the sale of products are solely between the Buyer and the Producer. We provide software tools that facilitate discovery, communication, ordering, and payment processing.

We do not endorse, verify, inspect, or guarantee any Producer, product, claim, license, safety practice, shipping method, or legal authorization to sell into any particular state. Being listed or approved on the Platform is not a representation of compliance, quality, safety, or legality in any jurisdiction.

No Duty to Monitor. We have no obligation to continuously monitor listings, content, Producer licenses, or shipping practices. We may, but are not required to, review, restrict, or remove content or listings at our sole discretion.

2. Eligibility and Accounts

You must be at least 18 years old and have the legal capacity to enter a binding contract. By using the Platform you represent and warrant that you meet these requirements and that all information you provide is accurate and complete.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use. We may suspend, restrict, or terminate any account at our sole discretion, with or without notice, for any reason or no reason, including suspected violations of these Terms, regulatory risk, or to protect the Platform or other users.

3. Marketplace Transactions and Risk of Loss

Orders are requests directed to the Producer. The Producer decides whether to accept. The Producer’s acceptance creates a contract solely between Buyer and Producer. We facilitate payment collection and payout but are not a party to the sale.

Risk of loss, damage, spoilage, and deterioration passes from the Producer to the Buyer upon the Producer’s shipment or handoff of the product (or upon delivery if the parties arrange local pickup or delivery). The Platform has no responsibility for packing, temperature control, carrier performance, delays, transit conditions, or condition upon arrival.

Buyers acknowledge that food is perishable. Any issues with quality, freshness, safety, allergens, labeling, legality, or condition must be directed solely to the Producer. The Platform is not responsible for resolving product disputes beyond optional facilitation tools that may be available.

4. Food Safety, Allergens, Perishability, and Liability Waiver

You acknowledge and agree that:

• Food products are inherently perishable and carry risks of spoilage, contamination, allergic reaction, illness, injury, or death.
• The Farmers Pantry has no control over how products are grown, raised, processed, packaged, labeled, stored, or shipped.
• The Farmers Pantry does not inspect, test, or verify any product, Producer’s practices, or legal authorization to sell into any state.

To the maximum extent permitted by law, The Farmers Pantry disclaims all liability for any spoilage, allergic reaction, foodborne illness, injury, death, property damage, regulatory action, or other harm arising from any product purchased or obtained through the Platform. Any claim related to a product (including claims based on food safety, labeling, or legality of sale or shipment into a particular state) must be brought solely against the Producer.

Producers must accurately disclose major allergens (including the FDA Big 9 and any others required by law) and any other material safety or legal information. The Platform does not verify allergen or compliance information and is not responsible for omissions or inaccuracies. Buyers are solely responsible for reviewing all product information and determining suitability for their own consumption or use.

5. Producer-Specific Obligations and Representations

If you list or sell as a Producer, you agree to the following in addition to all other Terms. We may also require you to accept a separate Producer Agreement.

5.1 Sole Responsibility for Licensing, Compliance, and Multi-State Sales

You are solely and exclusively responsible for knowing, obtaining, and maintaining every license, permit, registration, certification, and approval required by federal law and by the laws of every state and locality into which you sell or ship. This includes cottage-food rules, commercial food-production licenses, food-handler certificates, processing licenses, health-department permits, FDA facility registration (where required), labeling laws, and rules governing interstate commerce in food.

You represent and warrant that for every product you list and every order you accept, you are fully authorized under federal law and the law of the Buyer’s state to sell and ship that product to that Buyer. If you operate under a state cottage-food exemption, you further represent that the exemption permits the sale and shipment method you are using, including any interstate shipment. The Farmers Pantry performs no research, verification, or monitoring of your compliance. Approval to list is not confirmation of legal authorization.

5.2 Mandatory Self-Certification

Before listing any product and when accepting any order, you must certify that:

• You hold every required license, permit, registration, and approval to sell and ship the product to the Buyer’s state under federal and state law;
• Every claim in your listing is accurate and supportable;
• The product is not being sold or shipped in violation of any cottage-food restriction on interstate commerce or carrier shipping; and
• You will comply with all applicable laws in the jurisdictions into which you sell or ship.

These certifications are material. False certification is grounds for immediate account action and recovery of amounts paid.

5.3 Truthful Product Representations

Every listing, description, photo, and claim must be accurate, complete, and not misleading. Claims such as “organic,” “pasture-raised,” “no-spray,” “glyphosate-free,” “raw,” “heirloom,” “wild-caught,” or “regenerative” must be true and supportable. You must disclose required allergen, ingredient, origin, handling, and any state-required disclaimer information.

5.4 Prohibited Items

You may not list or sell:

• Alcohol of any kind
• Tobacco, nicotine, vaping products, or any age-restricted items
• Controlled substances or illegal drugs
• Raw milk or products restricted by applicable law
• Low-acid canned goods or items prohibited under your regulatory status
• CBD, THC, or cannabis-derived products without full proper licensing
• Any product that violates federal, state, or local law in the Producer’s or Buyer’s state
• Any item the Platform designates as prohibited

Listing a Prohibited Item is grounds for immediate removal and account action.

5.5 Consequences of Violations

Misrepresentation, regulatory non-compliance, or issues arising from sale or shipment into a state are treated as serious violations. We may immediately remove listings, suspend or terminate accounts, withhold or recover payouts and chargebacks, and pursue other remedies. We are not required to provide advance notice when we reasonably believe there is regulatory, safety, or legal risk.

5.6 Additional Warranties

You warrant that you have full authority to sell the products, that the products are safe when properly handled, that you will not list Prohibited Items, and that you will comply with all tax obligations in every relevant jurisdiction.

5.7 Insurance Recommendation

We strongly recommend that Producers maintain product-liability and general-liability insurance covering multi-state sales. The Platform does not require or verify insurance. Lack of insurance creates no duty or liability for The Farmers Pantry.

5.8 Indemnification by Producers

You agree to defend, indemnify, and hold harmless The Farmers Pantry and its officers, directors, employees, agents, and affiliates from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your products, listings, claims, food-safety issues, regulatory non-compliance (federal or state), sale or shipment into any state, intellectual-property infringement, tax obligations, Buyer disputes, or your breach of these Terms or any certification. This obligation survives account termination.

5.9 Record-Keeping

You agree to maintain accurate records of production, licensing, sales, shipping, and certifications as required by law and to provide them upon reasonable request in connection with any investigation or claim.

6. Buyer Obligations and Assumption of Risk

Buyers purchase products at their own risk from independent Producers. You assume all risk of spoilage, allergic reaction, illness, dissatisfaction, and any issue related to the legality of the sale or shipment into your state. You agree to direct all product-related claims solely to the Producer and release The Farmers Pantry from any claims arising from products obtained through the Platform.

You are responsible for accurate shipping information and for inspecting products upon receipt.

7. User Content, Ratings, Community Feed, and Photo Proof

You retain ownership of content you post but grant The Farmers Pantry a worldwide, non-exclusive, royalty-free, sublicensable license to use, display, reproduce, and distribute it in connection with the Platform.

Ratings and reviews must be honest and based on actual experience. We may remove content that violates these Terms. We have no obligation to monitor User Content and are not liable for it to the fullest extent permitted by law (including under 47 U.S.C. § 230 where applicable).

No Tolerance for Objectionable Content. There is no tolerance for objectionable content or abusive users on the Platform. You may not post, send, or list content that is harassing, hateful, threatening, sexually explicit, violent, fraudulent, spam, or otherwise objectionable, and you may not abuse other members. You can report any post, comment, review, listing, Producer, or chat, and block any member, from within the app. We review reports, remove objectionable content, and may suspend or permanently ban the members responsible.

Photo proof is a tool for the parties to document the transaction. The Platform does not guarantee the accuracy or sufficiency of any photo.

8. Payments, Fees, Taxes, and Chargebacks

Your payment is charged when you place an order. If the Producer declines the order, the full amount is refunded to you. We use Stripe Connect to facilitate payments, and each payment goes directly to the Producer. A marketplace fee of $1 per checkout is shown before you pay; any other platform fees will be disclosed in advance. You authorize charges for orders, shipping, fees, and chargebacks.

The Farmers Pantry does not currently calculate, collect, or remit sales or use taxes on orders. Producers are solely responsible for determining, collecting, reporting, and remitting any sales, use, or other taxes that apply to their sales in every relevant jurisdiction. If we begin collecting and remitting taxes where marketplace facilitator laws require it, we will update these Terms and show any tax before you pay. Chargebacks and product-related payment disputes are the Producer’s responsibility. We may recover such amounts from the Producer.

9. Disclaimers of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY REGARDING ANY PRODUCER, PRODUCT, CLAIM, SAFETY, COMPLIANCE, OR LEGAL AUTHORIZATION TO SELL INTO ANY STATE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Farmers Pantry AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM THESE TERMS, THE PLATFORM, OR ANY PRODUCT.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF THE FEES YOU PAID US IN THE PRECEDING TWELVE MONTHS OR ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations; in those cases the limitations apply to the fullest extent permitted.

11. General Indemnification

You agree to indemnify, defend, and hold harmless The Farmers Pantry and its officers, directors, employees, agents, and affiliates from claims arising from your use of the Platform, your content, your breach of these Terms, or your violation of law or third-party rights. Producers have additional obligations under Section 5.8.

12. Dispute Resolution – Binding Arbitration and Class-Action Waiver

Any dispute arising out of or relating to these Terms, the Platform, or any transaction shall be resolved exclusively by binding individual arbitration rather than in court.

You and The Farmers Pantry each waive any right to a jury trial and any right to participate in a class action, class arbitration, or representative proceeding.

Either party may seek provisional relief in court to protect rights pending arbitration. This provision survives termination.

13. Termination

We may suspend or terminate your access or account at any time, for any reason or no reason, with or without notice. Surviving provisions include disclaimers, limitations of liability, indemnification, arbitration, and licenses.

14. Privacy

Our Privacy Policy at farmers-pantry.com/privacy (incorporated by reference) describes what information we collect, how we use it, and who we share it with. We do not sell your personal data. You can delete your account at any time in the app under Account → Delete account, and request access to your data through Help & Support.

15. Changes

We may modify these Terms by posting an updated version. Continued use constitutes acceptance. We may change or discontinue features at any time without liability.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Texas. Subject to arbitration, any permitted court action shall be brought exclusively in the state or federal courts in Lubbock County, Texas.

17. General Provisions

These Terms constitute the entire agreement and supersede prior agreements. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign freely. Notices may be given via the Platform or email.

We are not liable for delays or failures caused by events beyond our reasonable control (force majeure).

Contact

Questions may be directed through the in-app support feature or the contact method provided on the Platform.